Mollard v. Austin, No. A-12 (1957)

Collett v. State, No. 57-276 (1957)

Boynton Beach St. Bk. v. J.I. Case Co., No. 164. (1957)

This is an appeal from a final decree dated September 13, 1956 entered in a chancery action by Boynton Beach State Bank against R.W. Buckner and others and J.I. Case Company to foreclose a chattel mortgage. The decree was based on an order granting plaintiff's motion for summary decree against the Buckners and granting J.I. Case Company's motion for summary decree against the plaintiff. The complaint alleged that plaintiff claimed a lien under a chattel mortgage given by the Buckners on certain...

Atlas Travel Service v. Morelly, A-75 (1957)

98 So. 2d 816 (1957) ATLAS TRAVEL SERVICE, Inc., a Florida corporation, Appellant, v. Frank J. MORELLY, Appellee. No. A-75. District Court of Appeal of Florida. First District. December 6, 1957. Rehearing Denied December 31, 1957. *817 Cobb & Cole, Daytona Beach, and Gregory, Cours & Paniello, Tampa, for appellant. Adams & Judge and W. Cecil Grant, Daytona Beach, for appellee. STURGIS, Chief Judge. In July of 1952 the appellant, Atlas Travel Service, Inc., operator of a state-wide travel...

Parrish v. State, A-7 (1957)

97 So. 2d 356 (1957) Prentiss T. PARRISH, Appellant, v. STATE of Florida, Appellee. No. A-7. District Court of Appeal of Florida. First District. October 15, 1957. Rehearing Denied October 30, 1957. *357 Carlton L. Welch, Jacksonville, for appellant. Richard W. Ervin, Atty. Gen., for appellee. TAYLOR, Associate Judge. The appellant, Prentiss T. Parrish, was charged by indictment with murder in the first degree, tried by a jury and found guilty of murder in the second degree and sentenced...

Mexico Beach Corporation v. St. Joe Paper Company, A-69 (1957)

97 So. 2d 708 (1957) MEXICO BEACH CORPORATION, a Florida corporation, Appellant, v. ST. JOE PAPER COMPANY, a Florida corporation, Appellee. No. A-69. District Court of Appeal of Florida. First District. November 5, 1957. Rehearing Denied November 22, 1957. *709 William B. Leath, Panama City, and E.E. Calloway, Blountstown, for appellant. J. Lewis Hall, Tallahassee, for appellee. WIGGINTON, Judge. The appellee, St. Joe Paper Company, brought suit in the Circuit Court of Bay County against...

Wise v. Jacksonville Gas Corporation, A-56 (1957)

97 So. 2d 704 (1957) Ruby WISE, Appellant, v. JACKSONVILLE GAS CORPORATION, Appellee. JACKSONVILLE GAS CORPORATION, Appellant, v. Ruby WISE, Appellee. No. A-56. District Court of Appeal of Florida. First District. November 5, 1957. Rehearing Denied November 22, 1957. Jennings, Watts, Clarke & Hamilton, Jacksonville, for appellant. John O. Jackson, Gerald R. Hart and William B. Dawson, III, Jacksonville, for appellee. *705 WIGGINTON, Judge. Appellant, Ruby Wise, sued appellee, Jacksonville Gas...

Carolina Lumber Company v. Daniel, A-4 (1957)

97 So. 2d 156 (1957) CAROLINA LUMBER COMPANY, a corporation, Appellant, v. William W. DANIEL and Rosiland Daniel, his wife, Appellees. No. A-4. District Court of Appeal of Florida, First District. September 26, 1957. *157 Latham & Mizell, Jacksonville, for appellant. Cleveland & Goodfriend, Jacksonville, for appellees. WIGGINTON, Judge. This is an appeal from a final decree entered by the Circuit Court of Duval County dismissing a complaint seeking to foreclose an alleged materialman's lien...

Maige v. Cannon, A-28, A-29 (1957)

98 So. 2d 399 (1957) Asa E. MAIGE, d/b/a Maige's Sand Company, Petitioner, v. Ozell CANNON, Huffman-Wolfe Southern Corporation, Crawford and Company, and the Florida Industrial Commission, Respondents. HUFFMAN-WOLFE SOUTHERN CORPORATION, Petitioner, v. Ozell CANNON, Asa Maige, d/b/a Maige's Sand Company, and the Florida Industrial Commission, Respondents. Nos. A-28, A-29. District Court of Appeal of Florida. First District. November 12, 1957. Rehearing Denied December 3, 1957. *400 Carl R....

Miller v. Rolfe, A-16 (1957)

97 So. 2d 132 (1957) Julia MILLER and Renick V. Smith, Appellants, v. Castner ROLFE, Appellee. No. A-16. District Court of Appeal of Florida. First District. October 1, 1957. *133 Massfeller & Stewart and Cobb & Cole, Daytona Beach, for appellants. Millard B. Conklin, Daytona Beach, for appellee. WIGGINTON, Judge. Appellee as plaintiff vendor brought suit against appellants as defendant vendees for specific performance of a contract of purchase and sale of real property. On final hearing the...

Boucher v. Pure Oil Company, A-154 (1957)

101 So. 2d 408 (1957) Hazel Lee BOUCHER, a widow, Petitioner, v. The PURE OIL COMPANY, etc., et al., Respondents. No. A-154. District Court of Appeal of Florida. First District. December 31, 1957. Rehearing Denied January 20, 1958. *409 Melvin Orfinger and Wesley A. Fink, Daytona Beach, for petitioner. Alfred A. Green, Daytona Beach, for respondents. WIGGINTON, Judge. Petitioner is here seeking a writ of certiorari to review an interlocutory order entered in an action at law by the Circuit...

In Re Mollard's Estate, A-12 (1957)

98 So. 2d 814 (1957) In re ESTATE OF Mary Mitchell MOLLARD, Deceased. John Thorne MOLLARD, Executor, Appellant, v. Emily L. AUSTIN, Appellee. No. A-12. District Court of Appeal of Florida. First District. November 26, 1957. Rehearing Denied December 31, 1957. *815 Adair, Ulmer, Murchison, Kent & Ashby, Jacksonville for appellant. P. Donald DeHoff, Jacksonville, for appellee. STURGIS, Chief Judge. The appellee, a licensed practicing nurse, hereinafter referred to as the petitioner, was employed...

Ephrem v. Phillips, A-10 (1957)

99 So. 2d 257 (1957) Christine EPHREM, Appellant, v. Frances PHILLIPS, Appellee. No. A-10. District Court of Appeal of Florida. First District. October 22, 1957. Rehearing Denied November 19, 1957. *259 John M. McNatt, Jacksonville, for appellant. Clarence M. Wood, Howell & Kirby, and T. Malcolm Kirby, Jacksonville, for appellee. WIGGINTON, Judge. Appellee as plaintiff in the trial court sued for damages resulting from injuries sustained by her in an automobile collision. Liability was admitted...

Pearce v. Pearce, 92 (1957)

97 So. 2d 329 (1957) Austin PEARCE, Rosa Lee Pearce, his wife, John F. Pearce and D.L. Pearce, Appellants, v. J.O. PEARCE, Appellee. No. 92. District Court of Appeal of Florida. Second District. October 16, 1957. Rehearing Denied October 29, 1957. *330 George J. Baya, Miami, for appellants. Thad H. Carlton, Ft. Pierce, and Henderson, Franklin, Starnes & Holt, Ft. Myers, for appellee. ALLEN, Judge. The appellants were defendants below and the appellee was the plaintiff. The parties will be...

Pancoast v. Pancoast, 91 (1957)

97 So. 2d 875 (1957) Elizabeth L. PANCOAST, Appellant, v. Mary L. PANCOAST, as Successor Trustee of the Sarah N. Pancoast Estate, and R.H.C. Pancoast and Harry M. Pancoast, Jr., et al., Appellees. No. 91. District Court of Appeal of Florida. Second District. October 23, 1957. O.K. Reaves of Mabry, Reaves, Carlton, Fields & Ward, Tampa, and William H. Corum, Winter Haven, for appellant. Reeves, Allen & Dell, Tampa, and Trinkle & Moody, Plant City, for appellees Mary L. Pancoast, R.H.C. Pancoast,...

Gonzalez v. State, 84 (1957)

97 So. 2d 127 (1957) Manuel GONZALEZ, Appellant, v. STATE of Florida, Appellee. No. 84. District Court of Appeal of Florida Second District. October 2, 1957. V.R. Fisher, Tampa, for appellant. Richard W. Ervin, Atty. Gen., Joseph P. Manners and Richard J. Brooks, Asst. Attys. Gen., for appellee. KANNER, Chief Judge. The appellant was found guilty of breaking and entering an automobile with intent to commit a misdemeanor, to wit, petit larceny, and sentenced to two years in the state prison....

Prudential Insurance Co. of America v. Whittington, 83 (1957)

98 So. 2d 382 (1957) The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Eleanor WHITTINGTON, Appellee. No. 83. District Court of Appeal of Florida. Second District. November 15, 1957. *383 Knight & Bell, Tampa, for appellant. Julian H. Lifsey, Jr., Robert L. Pursifull, Tampa, for appellee. PLEUS, Judge. The action below was at law to recover on a life insurance policy brought by the widow as beneficiary thereunder, issued by the defendant below who is appellant here, upon the life of...

Lee County Oil Company v. Marshall, 70 (1957)

98 So. 2d 510 (1957) LEE COUNTY OIL COMPANY, Inc., a corporation, Appellant, v. Thomas E. MARSHALL, Appellee. No. 70. District Court of Appeal of Florida. First District. November 19, 1957. Rehearing Denied December 10, 1957. *511 J.M. Sapp and H.P. Sapp, Panama City, for appellant. Thomas Sale and Liddon, Isler & Welch, Panama City, for appellee. WIGGINTON, Judge. Appellee, as plaintiff in the trial court, was awarded a verdict against appellant for injuries sustained in a motor vehicle...

Cullaro v. State, 7 (1957)

97 So. 2d 40 (1957) Olga CULLARO, Appellant, v. STATE of Florida, Appellee. No. 7. District Court of Appeal of Florida. Second District. September 18, 1957. *41 Carl G. Swanson, Jacksonville, for appellant. Richard W. Ervin, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. KANNER, Chief Judge. This is an appeal from the judgment of the Criminal Court of Record, Hillsborough County, wherein appellant was found guilty of murder in the second degree for the fatal shooting of...

Marsh v. Sarasota County, 6 (1957)

97 So. 2d 312 (1957) James E. MARSH, Appellant, v. SARASOTA COUNTY et al., Appellees. No. 6. District Court of Appeal of Florida. Second District. September 18, 1957. Rehearing Denied October 29, 1957. Early & Early, Sarasota, for appellant. Wood & Bailey, Sarasota, for appellees. *313 DAYTON, Associate Judge. The 1945 session of the Florida Legislature enacted Chapter 22860, Laws of Florida (Section 253.351, Florida Statutes 1955, F.S.A.) authorizing qualified veterans to homestead not more...